Abstract
LL.M. (Banking Law)
This minor dissertation attempts to explore the nature of a signature and the role the signature plays in banking law and banking agreements. The definition, functions and physical form of the signature and how the courts have interpreted and implemented these principles in order to decide on the validity of a signature are explored. Further, the caveat subscriptor rule as well as the exceptions to the rule and the issue of consensus between contracting parties by means of a signature is examined. The question whether banks may rely on a consumer’s signature on a standard form agreement is dealt with, as well as the extent to which banks are obliged to explain the terms before allowing a consumer to sign the agreement. Relevant legislation is analysed especially in relation to the importance and necessity of a consumer’s signature and the banks’ obligations in this regard.